HUK105(2)


Course Title Course Code Program Level
Constitutional Law HUK105 Law B.A. / B.Sc.

Course Term
(Course Semester)
Teaching and Learning Methods
Credits
Theory Practice Lab Projects/Field Work Seminars/Workshops Other Total Credits ECTS Credits
02
(Spring)
28x4 14x4 112 4 5

Teaching Staff Yard. Doç. Dr. Nezahat DEMİRAY ([email protected])
Language of Instruction Türkçe (Turkish)
Type Of Course Compulsory
Prerequisites None
Recommended Optional Programme Component
Course Objectives 1-Acquiring knowledge about Constitutional Law and Human Rights Law which lawyers need to know to promote Turkey on the way to reaching Western (as they are international today) values such as human rights and the rule of law. 2- Understanding European Convention on Human Rights, which acquired supranational aspect, based on its history and constitutional values it stands for. Besides, interpreting rights in the ECHR and the Constitution from this point of view. 3- Being a lawyer who is able to understand regulations incompatible with a democratic constitution and who is able to lodge an application against these regulations in the name of protecting democracy.
Course Content In the beginning the course, political authority, legitimacy, the concept of consent and the theories on the origin of the state are discussed. Constitutional courts are analyzed theoretically based on the concept of constitutional supremacy and constitutional review. Affects and contributions of American Revolution to the constitutionalism is evaluated. Legislative, executive and judicial branches and their theoretical framework are explained based upon the separation of powers: institutionalized protection of human rights. Systems of government are analyzed in reference to living examples. Charters and constitutions which are adopted from the Ottoman Empire to today are discussed in detail and chronological order. Constitutional Court decisions are discussed and evaluated based on supranational constitutionalism and if necessary ECtHR case law.
Learning Outcomes (LO) 1- To be interested in Turkey’s constitutional problems, human rights issues and to use knowlegde that is given in the lectures to discuss possible solutions. 2- To internalize the fact that constitutions which are state and authority centered are cause violation on human rights. 3- To learn what the rule of law is and interpret current circumstances from that point of view. 4- The development of the Turkish Constitution by establishing a cause-effect relationship connect to constitutional problems. 5- The necessary file for the cases that can be sued in the Constitutional Court be able to make a significant contribution. 6- To be able to understand Constitutional Court’s decisions and to be able to evaluate them.
Mode of Delivery Face to face
Course Outline
Week Topics
1. Week *Introduction – Course Materials- How to join a class on Google Clasroom *Introduction to theories of the state 1 : -Authority, power, social authority, obey
2. Week * Introduction to theories of the state 2: -political authority, relation between political authority and state, obey, consent, legitimacy, principle of legality, early state, Sumerians, Göbeklitepe *Weber: types of legitimate domination
3. Week *Theories on the Origin of State: family theory, biological theory, force theory, Marxian theory, social contract theory
4. Week *Social Contract Theory: Thomas Hobbes, John Locke, J.J. Rousseau, John Rawls
5. Week *Elements of the state: people, land, sovereignty *Function of the state
6. Week Types of the state: regional state and federalism
7. Week *Constitutionalism: history, hierarchy of norms, principle of rule of law, principle of the separation of powers, American Revolution, European Constitutionalism, Supranational Constitutionalism
8. Week *Sovereignty: history, theories, state as a legal person
9. Week *Types of constitution, adoption (establishment) of constitution and amendment (writ, misak, constituent assembly, constituent assembly ,referendum)
10. Week *Theory of the separation of powers, kuvvetlerin anayasaya uygunluğu denetimi, types of constitutional jurisdiction, Anayasa Mahkemesine Başvuru Usulleri (action of annullment, action of objection, individual application)
11. Week *Democracy (normative and empirical) *elections, electoral system
12. Week *Political parties *Legislative branch, legislative function, parlamentary immunity
13. Week *Executive branch, executive function
14. Week Midterm
15. Week *Separation of powers and forms of constitutional structure (parliamentary system, presidential system and semi-presidential system ) *Human Rights, Jellinek, Constitution of 1982 Art. 13 and 15
16. Week *Constitutionalism in the time of Ottoman Empire :Sened-i İttifak, Tanzimat Fermanı, Islahat Fermanı, Kanun-i Esasi
17. Week Constitutionalism of the early Turkish Republic : Constitution of 1921 and 1924
18. Week *Constitution of 1962
19. Week *Constitution of 1982: history, principles
20. Week * Constitution of 1982: Fundamental rights
21. Week *Protecting fundamental rights: internal and external *European Court of Human Rights and its function.
22. Week * Constitution of 1982 and political parties: history, definition, dissolution * Constitution of 1982 and Turkish Grand National Assembly -1: Principles of elections
23. Week * Constitution of 1982 and Turkish Grand National Assembly -2: Legal status of members of the parliament *By-law of the TGNA
24. Week *Legislative function and function of the TGNA
25. Week * Constitution of 1982 and Executive branch *Legal Status of President, power and responsibility
26. Week *Executive rulemaking : executive order, emergency decree of law, regulations, bylaw) *State of Emergency
27. Week * Constitution of 1982 and judiciary branch *Constitutional Court: history, structure, type of cases
28. Week *Constitution of 1982 and procedure of amendment
Assessment
  Percentage(%)
Mid-term (%) 40
Quizes (%)
Homeworks/Term papers (%)
Practice (%)
Labs (%)
Projects/Field Work (%)
Seminars/Workshops (%)
Final (%) 60
Other (%)
Total(%) 100
Course Book (s) and/or References *İbrahim Ö. Kaboğlu, Anayasa Hukuku Dersleri (Genel Esaslar), Legal Yay. 2017 *Kemal Gözler, Türk Anayasa Hukuku Dersleri, Ekin Yay. 2017 *Ergun Özbudun, Türk Anayasa Hukuku, Yetkin Yay. 2017 *Bülent Tanör-Necmi Yüzbaşıoğlu, 1982 Anayasasına Göre Türk Anayasa Hukuku, Beta Yay. 2016 *Erdoğan Teziç, Anayasa Hukuku (Genel Esaslar), Beta Yay. 2009 *Bülent Tanör, Osmanlı-Türk Anayasal Gelişmeleri, YKY 2017 *Bülent Tanör, İki Anayasa, Oniki Levha Yay. 2013 *Dersin GoogleClassroom Sanal Dersliğine yüklenecek anayasalar, makaleler, dokümanlar ve videolar
Work Placement(s)
The Relationship between Program Qualifications (PQ) and Course Learning Outcomes (LO)

 

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5

 

 

2

 

 

3

 

 

 

 

 

 

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3

3

3

 

 

5

 

3

1

 

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5

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3